Weight  and  Measure  Laws 


OF  THE 

STATE  OF  IOWA 

Effective  April  26,  1913 


W.  B.  BARNEY 

Dairy  and  Food  Commissioner 

Des  Moines,  Iowa 

Publication  Authorized  by  Executive  Council 


May  1,  1913 


DES  MOINES 

ROBERT  HENDERSON,  STATE  PRINTER 
1913 


WEIGHT  AND  MEASURE  LAW 


Dairy  and  food  commissioner — chief  inspector — duties — compensation 

and  expenses — how  paid. 

Section  1.  The  state  dairy  and  food  commissioner  is  hereby  charged 
with  the  duty  of  carrying  into  effect  the  provisions  of  this  act  and 
wherever  the  word  “commissioner”  is  used,  in  this  act,  it  shall  refer 
to  the  dairy  and  food  commissioner.  The  commissioner  shall  appoint 
a chief  inspector  of  weights  and  measures  upon  approval  of  the  executive 
council.  The  chief  inspector  of  weights  and  measures  shall  receive  a 
salary  of  not  to  exceed  $1,800  per  annum.  His  salary  shall  he  paid  in 
the  same  manner  as  the  salaries  of  other  state  officers.  All  inspectors 
shall  be  allowed  the  expenses  necessarily  incurred  by  them  in  the 
discharge  of  their  duties.  All  accounts  shall  be  itemized  and  sworn 
to  and  when  approved  by  the  commissioner  and  the  executive  council, 
shall  be  paid  by  warrant  of  the  auditor  upon  the  treasurer  out  of  a 
sum  appropriated  for  carrying  on  the  work  of  the  dairy  and  food  com- 
missioner. The  chief  inspector  and  all  inspectors  appointed  under  this 
act  shall  perform  such  duties  as  may  be  assigned  by  the  commissioner. 

State  sealer — duties — seal — testing  of  weights  and  measures — as- 
sistance by  state  university. 

Sec.  2.  The  commissioner  shall  appoint  an  employe  of  the  dairy  and 
food  commission  to  be  state  sealer  of  weights  and  measures.  The  state 
sealer  shall  take  charge  of  the  standards  of  the  state,  causing  them  to 
be  kept  at  the  capitol  in  a fire-proof  building  belonging  to  the  state, 
from  which  they  shall  not  be  removed  except  for  repairs  or  for  certi- 
fication; and  take  all  other  necessary  precautions  for  their  safe  keep- 
ing. He  shall  maintain  the  state  standards  in  good  order,  and  shall 
submit  them  once  in  ten  years  to  the  national  bureau  of  standards  for 
certification.  He  shall  keep  a seal  which  shall  be  so  formed  as  to  im- 
press the  letters,  “Iowa”  upon  the  weights  and  measures  sealed  by  him. 
He  shall  have  and  keep  a general  supervision  of  the  weights  and  meas- 
ures, and  the  weighing  and  measuring  devices  of  the  state  in  use  in 
the  state.  He  shall  upon  a written  request  of  any  citizen,  firm  or  cor- 
poration, city,  town  or  county,  or  educational  institution  of  the  state, 
test  or  calibrate  weights,  measures,  weighing  or  measuring  devices,  and 
instruments  or  apparatus  used  ns  standards  in  this  state.  It  is  hereby 
made  the  duty  of  the  department  of  physics  at  the  state  university  of 
Iowa  upon  the  request  of  the  commissioner  to  assist  the  commissioner, 
the  state  sealer  and  all  inspectors,  in  all  such  matters  as  may  require 
the  facilities  of  that  laboratory  or  technical  knowledge  relating  to  physi- 
cal measurements. 


Ra 


3'3°> 

WEIGHT  AND  MEASURE  LAWS  3 

4 

Standards — state  and  national  same. 

Sec.  3.  The  standard  weights  and  measures  received  from  the  United 
States  under  a resolution  of  congress  and  approved  June  14,  1836,  and 
such  new  weights,  measures,  and  other  apparatus  in  addition  thereto 
or  in  renewal  thereof,  and  such  as  shall  be  made  under  the  direction 
of  the  commissioner  in  conformity  therewith  and  certified  to  by  the 
national  bureau  of  standards,  shall  be  the  state  standards. 

Length  and  surface  measure. 

Sec.  4.  The  units  or  standard  measures  of  length  and  surface  from 
which  all  other  measures  of  extension,  whether  lineal,  superficial  or 
solid,  shall  be  derived  and  ascertained,  are  the  standards  of  length 
designated  in  this  act.  ' For  measures  of  cloth  and  other  commodities 
commonly  sold  by  the  yard,  the  yard  may  be  divided  into  halves,  quar- 
ters, eighths,  and  sixteenths.  The  rod,  pole,  or  perch  contains  five  and 
one-half  yards;  the  mile,  one  thousand  seven  hundred  sixty  yards.  A 
chain  for  measuring  land  is  twenty-two  yards  long  and  is  divided  into 
one  hundred  equal  parts  called  links.  The  acre  for  land  measure  shall 
be  measured  horizontally  and  contain  ten  square  chains,  equivalent  in 
area  to  a rectangle  sixteen  rods  in  length  and  ten  rods  in  breadth;  six 
hundred  and  forty  acres  being  contained  in  a square  mile. 

Weight. 

Sec.  5.  The  units  or  standards  of  weight,  from  which  all  other 
weights  shall  be  derived  and  ascertained,  shall  be  the  standard  weights 
designated  in  this  act.  The  hundred-weight  consists  of  one  hundred 
avoirdupois  pounds  and  twenty  hundred-weight  are  a ton.  Whenever, 
hereafter,  in  this  act  the  word  “pound”  is  used  it  shall  mean  the  avoirdu- 
pois pound  unless  otherwise  distinctly  specified. 

Commodities  not  liquids. 

Sec.  6.  The  units  br  standards  of  measure  of  capacity  for  commodi- 
ties not  liquids,  from  which  all  other  measures  shall  be  derived  and 
ascertained,  shall  be  the  standards  for  such  commodities  designated  in 
this  act.  The  peck,  half  peck,  quarter  peck,  quart,  pint,  and  half  pint, 
measures  for  measuring  commodities  which  are  not  liquids,  shall  be 
\y>ffi?rived  from  the  half  bushel  by  successively  dividing  the  cubic  inch 
capacity  of  that  measure  by  two. 

Liquids. 

u 

Sec.  7.  The  units  or  standards  of  measure  of  capacity  for  liquids, 
from  which  all  other  measures  shall  be  derived  and  ascertained,  shall 
v be  the  standard  liquid  measures  designated  in  this  act.  The  gallon 
shall  be  divided  by  continual  division  by  the  number  two,  so  as  to 
make  half  gallons,  quarts,  pints,  half  pints  and  gills. 

Bushel  by  weight. 

Sec.  8.  Wherever  any  of  the  articles  or  commodities  mentioned  in 
this  section  shall  be  sold  by  the  bushel  or  fractional  part  thereof,  and 


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WEIGHT  AND  MEASURE  LAWS 


no  special  agreement  shall  be  made  in  writing,  the  measure  thereof 
shall  be  ascertained  by  avoirdupois  weight,  and  shall  be  computed 


as  follows: 

Apples  48  pounds 

Apples,  dried  24  pounds 

Alfalfa  seed  60  pounds 

Barley  48  pounds 

Beans,  green,  unshelled  56  pounds 

Beans,  dried  60  pounds 

Beans,  Lima  56  pounds 

Beets  56  pounds 

Blue  grass  seed  14  pounds 

Bran  20  pounds 

Bromus  inermis  14  pounds 

Broom  corn  seed  50  pounds 

Buckwheat  48  pounds 

Carrots  50  pounds 

Castor  beans,  shelled 50  pounds 

Charcoal  20  pounds 

Cherries  40  pounds 

Clover  seed  60  pounds 

Coal  80  pounds 

Coke  40  pounds 

Corn  on  the  cob,  (field)  70  pounds 

Corn  in  the  ear,  unhusked  (field) 75  pounds 

Corn,  shelled,  (field)  56  pounds 

Corn  meal  48  pounds 

Cucumbers  48  pounds 

Emmer  40  pounds 

Flax  seed  56  pounds 

Grapes,  with  stems  40  pounds 

Hemp  seed  44  pounds 

Hickory  nuts,  hulled  50  pounds 

Hungarian  grass  seed  50  pounds 

Kaffir  corn  56  pounds 

Lime  80  pounds 

Millet  seed  50  pounds 

Oats  32  pounds 

Onions  52  pounds 

Onion  top  sets  , . 28  pounds 

Onion  bottom  sets  32  pounds 

Orchard  grass  seed  14  pounds 

Osage  orange  seed  32  pounds 

Parsnips  45  pounds 

Peaches  48  pounds 

Peaches,  dried  33  pounds 

Peanuts  22  pounds 

Pears  45  pounds 

Peas,  green,  unshelled  50  pounds 


WEIGHT  AND  MEASURE  LAWS 


5 


Peas,  dried  60  pounds 

Plums  48  pounds 

Popcorn  on  the  ear  70  pounds 

Popcorn,  shelled  56  pounds 

Potatoes  60  pounds 

Quinces  48  pounds 

Rape  seed  50  pounds 

Red  top  seed  14  pounds 

Rutabagas  60  pounds 

Rye  56  pounds 

Salt  80  pounds 

Sand  130  pounds 

Shorts  20  pounds 

Sorghum  saccharatum  seed 50  pounds 

Spelt  40  pounds 

Sweet  corn  . 50  pounds 

Sweet  potatoes  50  pounds 

Timothy  seed  45  pounds 

Tomatoes  50  pounds 

Turnips  55  pounds 

Walnuts,  hulled  50  pounds 

Wheat  60  pounds 

All  root  crops  not  specified  above 50  pounds 

Berries — boxes. 


Sec.  9.  All  sales  of  blackberries,  blueberries,  cranberries,  currants, 
gooseberries,  raspberries,  cherries,  strawberries,  and  similar  berries,  also 
onion  sets,  in  packages  of  one  peck  or  less,  mhy  be  sold  by  the  quart, 
pint,  or  half  pint,  dry  measure;  and  all  berry  boxes  sold,  used,  or  offered 
for  sale,  within  the  state  shall  be  of  an  interior  capacity  of  not  less 
than  one  quart,  pint,  or  half  pint,  dry  measure.  Any  berry  boxes  or 
measures  not  conforming  to  this  section  shall  be  confiscated  by  the  in- 
spector. The  provisions  of  this  section  shall  not  be  applicable  until 
October  1,  1913. 

Sale  by  weight — stamped  or  printed  thereon — violations  punished. 

Sec.  10.  All  dry  commodities,  weighing  ten  ounces  or  more,  except 
drugs,  section  comb  honey  and  those  specified  in  section  nine,  shall  be 
bought  or  sold  only  by  standard  weight  or  numerical  count,  lineal  meas- 
ure or  surface  measure,  except  where  parties  otherwise  agree  in  writ- 
ing. Whenever  any  product  is  sold  and  the  selling  price  is  determined 
other  than  by  numerical  count,  lineal  or  surface  measure,  and  the  prod- 
uct does  not  have  the  net  weight  plainly  written,  stamped  or  printed 
thereon,  the  seller  shall  at  the  time  of  delivery,  upon  the  request  of  the 
purchaser,  furnish  a pk  ’ written  or  printed  statement  showing  the 
name  of  the  article  sold,  the  quantity  in  net  weight  thereof,  and  the 
price  paid  for  each  item.  Any  person,  firm  or  corporation,  who  sells, 
barters  or  trades,  a less  weight  or  amount  to  a purchaser  than  that  which 
is  asked  for  or  agreed  upon,  of  any  article  or  commodity,  shall  be  deemed 
-guilty  of  a misdemeanor  and  shall  be  punished  as  herein  provided.  Pro- 


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WEIGHT  AND  MEASURE  LAWS 


vided,  however,  that  reasonable  variations  shall  be  permitted,  and  toler- 
ances and  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  made  by  the  state  dairy  and  food  commissioner.  The 
use  of  bottomless  measures  is  hereby  declared  a violation  of  this  act,  un- 
less they  conform  in  shape  to  the  U.  S.  standard  measure. 

Milk  bottles — marked. 

Sec.  11.  Bottles  used  for  the  sale  of  milk  and  cream  shall  be  of  a 
capacity  of  one-half  gallon,  three  prints,  one  quart,  one  pint,  one-half 
pint,  one  gill,  filled  full  to  the  bottom  of  the  lip.  Bottles  or  jars  used 
for  the  sale  of  milk  shall  have  clearly  blown  or  otherwise  permanently 
marked  in  the  side  of  the  bottle,  the  capacity  of  the  bottle,  and,  on  the 
bottom  of  the  bottle,  the  name,  initials,  or  trademark  of  the  manufacturer, 
and  designating  number,  which  designating  number  shall  be  different 
for  each  manufacturer  and  may  be  used  in  identifying  bottles.  The  desig- 
nating number  shall  be  furnished  by  the  commissioner  on  request.  The 
state  sealer  shall  not  be  required  to  seal  bottles  or  jars  for  milk  or 
cream,  marked  as  in  this  section  provided,  but  the  inspectors  shall  from 
time  to  time  make  tests  of  individual  bottles  in  use,  in  order  to  ascer- 
tain whether  the  above  provisions  are  being  complied  with. 

Coal  by  weight. 

Sec.  12.  It  shall  be  unlawful  to  sell  or  offer  to  sell  in  this  state  ary 
coal,  charcoal,  or  coke  in  any  other  manner  than  by  weight.  No  person, 
firm  or  corporation  shall  deliver  any  coal,  charcoal,  or  coke,  without 
each  such  delivery  being  accompanied  by  a delivery  ticket  and  a dupli- 
cate thereof,  on  each  of  which  shall  be  in  ink  or  other  indelible  sub- 
stance, distinctly  expressed  in  pounds,  the  gross  weight  of  the  load,  the 
tare  of  the  delivering  vehicle,  and  the  net  amount  in  weight  of  coal, 
charcoal  or  coke  contained  in  the  cart,  wagon,  or  other  vehicle  used  in 
such  deliveries,  with  the  name  of  the  purchaser  thereof  and  the  name 
of  the  dealer  from  whom  purchased.  One  of  these  tickets  shall  be  sur- 
rendered by  the  person  in  charge  of  the  load  to  the  inspector  upon  de- 
mand, for  his  inspection,  and  a ticket  or  weight  slip  issued  by  the  in- 
spector, when  the  inspector  desires  to  retain  the  original,  shall  be  de- 
livered to  said  purchaser  of  said  coal,  charcoal,  or  coke,  or  his  agent  or 
representative,  at  the  time  of  the  delivery  of  the  fuel;  and  the  other 
ticket  shall  be  retained  by  the  seller  of  the  fuel.  When  the  buyer  car- 
ries away  the  purchase,  a delivery  ticket,  showing  the  actual  number  of 
pounds  delivered  must  be  given  to  the  purchaser  at  the  time  delivery  is 
made.  The  commissioner  or  any  of  his  assistants,  or  inspectors,  are 
hereby  empowered  to  compel  the  party  or  parties  having  charge  of  such 
coal,  charcoal  or  coke  to  bring  same  on  demand  to  a scale  designated  by 
the  said  commissioner  or  his  assistant  or  inspector  and  weighed  for  the 
purpose  of  proving  the  true  net  weight  of  the  article  or  commodity. 

Scales — licensed — slot  machines  prohibited. 

Sec.  13.  It  shall  be  unlawful  for  any^  person,  firm  or  corporation  by 
himself,  or  as  the  officer,  servant,  agent,  or  employe  of  any  person,  firm 
or  corporation  to  operate  or  use  or  display  for  use  any  scale  or  scales, 


WEIGHT  AND  MEASURE  LAWS 


7 


known  as  money  in  the  slot  or  automatic  scale  or  scales  or  any  weigh- 
ing device,  apparatus,  or  machine,  which  is  used  or  intended  for  use  to 
determine  the  weight  of  any  person  or  persons,  where  compensation  is 
derived,  or  any  public  or  custom  scale  for  which  a fee  is  charged  or  ac- 
cepted for  weighing,  unless  said  scale  or  device  is  licensed  by  the  com- 
missioner. Upon  payment  of  the  license  fee  of  $3.00,  the  commissioner 
shall  issue  a metal  license  tag  bearing  the  words  “licensed  by  the  dairy 

and  food  commissioner,  state  of  Iowa,  No ,”  each  tag  to  be  numbered 

consecutively  and  bear  the  year  for  which  license  is  valid.  The  tag  shall 
be  displayed  prominently  on  the  front  of  the  weighing  device.  Absence 
of  the  license  tag  shall  be  prima  facia  evidence  that  the  weighing  device 
is  being  operated  contrary  to  law\  No  license  shall  be  issued  until  the 
annual  fee  of  three  dollars  ($3.00)  is  paid  to  the  commissioner  for  each 
scale  or  weighing  device  operated  or  used.  Any  person  desiring  to  se- 
cure said  license  shall  make  application  therefor  upon  blanks  to  be 
furnished  by  the  commissioner.  The  commissioner  may  withhold  or  re- 
voke any  license  for  cause.  All  licenses  issued  under  this  act  shall  ex- 
pire December  31,  1914,  and  on  December  31st  of  each  year  thereafter. 
All  license  and  inspection  fees  collected  under  this  act,  shall  be  paid  into 
the  state  treasury  by  the  commissioner. 

Inspection — fee. 

Sec.  14.  The  commissioner  and  his  assistants  are  each  hereby  em- 
powered and  it  is  hereby  made  their  duty  to  make  an  inspection  of 
scales,  weights  and  measures  wherever  the  same  are  kept  for  use  in  con- 
nection with  the  sale  of  merchandise  or  other  commodities  sold  by 
weight  or  measurement,  or  where  the  price  to  be  paid  for  producing  or 
manufacturing  any  article  or  commodity  is  based  upon  the  weight  or 
measurement  thereof,  within  this  state.  The  commissioner  and  his  as- 
sistants may  for  the  enforcement  of  this  act  and  in  the  performance  of 
their  official  duties,  with  or  without  formal  warrant,  enter  or  go  in  or 
upon  any  stand,  place,  building  or  premises;  or  may  stop  vender,  ped- 
dler, junk  dealer,  coal  wagon,  ice  wagon,  or  any  dealer  whatsoever,  for 
the  purpose  of  making  the  proper  tests.  An  inspection  fee  of  $5.00  shall 
be  charged  the  person  owning  or  operating  the  scales  so  inspected,  but 
he  shall  not  be  required  to  pay  more  than  two  inspection  fees  in  any 
one  year.  Whenever  such  inspection  shall  be  made  upon  the  complaint 
of  any  person  other  than  the  owner  of  the  scale  and  upon  examination 
the  scale  is  found  by  the  inspector  to  be  in  proper  condition  for  weighing, 
the  inspection  fee  of  $5  shall  be  paid  by  the  person  making  complaint 
Provided,  however,  no  inspection  fee  shall  be  charged  for  the  inspection 
of  any  scale  of  les  than  2,000  pounds  capacity. 

False  or  incorrect  scales — complaint. 

Sec.  15.  Whenever  complaint  shall  be  made  to  the  commissioner  that 
any  false  or  incorrect  scales,  weights  or  measures  are  being  made  use 
of  by  any  person,  firm  or  corporation  in  the  purchase  or  sale  of  merchan- 
dise or  other  commodities  or  in  weighing  any  article  or  commodity,  the 
piece  price  paid  for  producing  which  is  determined  by  weight  or  meas- 
ure, it  shall  be  his  duty  to  cause  the  same  to  be  inspected  as  soon  as  the 


3 


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559610 


8 WEIGHT  AND  MEASURE  LAWS 

duties  of  his  office  will  permit,  and  he  shall  make  such  other  inspection 
of  weights  and  measures  as  in  his  judgment  is  necessary  or  proper  to  he 
made. 

Using  false  weights  or  measures  punished. 

Sec.  16.  If  any  person  engaged  in  the  purchase  or  sale  of  merchan- 
dise or  other  commodities  by  weight  or  measurement  or  in  the  employ- 
ment of  labor  where  the  price  thereof  is  to  be  determined  by  weight  or 
measurement  of  the  articles  or  thing  upon  which  such  labor  is  bestowed, 
be  found  having  in  his  place  of  business  any  scales,  weights,  measures 
or  other  apparatus  for  determining  the  quantity  of  any  commodity,  which 
does  not  conform  to  the  standards  of  weight  and  measurement  of  this 
state,  shall  be  guilty  of  a misdemeanor  and  upon  conviction  shall  be  pun- 
ished as  provided  in  this  chapter. 

Tagged — confiscated. 

Sec.  17.  The  inspector  may  confiscate  and  seize  without  warrant  any 
incorrect  scales,  weights  or  measures  or  any  weighing  apparatus  or  part 
thereof  which  does  not  conform  to  the  state  standards  or  upon  which  the 
license  fee  has  not  been  paid.  If  any  weighing  or  measuring  apparatus 
or  part  thereof  be  found  out  of  order  the  same  may  be  tagged  by  the  in- 
spector “condemned  until  repaired”  which  tag  shall  not  be  altered  or 
removed  until  said  apparatus  is  properly  repaired. 

Refusal  to  comply — penalty. 

Sec.  18.  Any  person,  firm  or  corporation,  or  agent  thereof,  who  re- 
fuses to  comply  on  demand,  with  any  of  the  requirements  of  this  act  or 
who  shall  violate  any  of  its  provisions,  or  who  shall  obstruct  or 'hinder 
the  commissioner,  or  any  of  his  assistants,  in  the  discharge  of  any  duty 
imposed  by  this  act,  shall  be  guilty  of  a misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  punished  by  a fine  of  not  less  than  five  dollars 
($5.00)  nor  more  than  one  hundred  dollars  ($100.00),  or  by  imprison- 
ment in  the  county  jail  not  to  exceed  thirty  days  or  by  both  such  fine 
and  imprisonment,  at  the  discretion  of  the  court. 

Bulletins — reports. 

Sec.  19.  The  commissioner  may  from  time  to  time  make  a report  in 
the  printed  bulletins  issued  by  the  dairy  and  food  commissioner,  of  the 
work  undertaken  and  accomplished  under  this  act,  together  with  such 
general  information  as  may  be  deemed  suitable. 

Repeal. 

Sec.  20.  That  sections  3009,  3010,  3011,  3012,  3013,  3014,  3015,  3019, 
3020,  3021,  3034,  3035,  and  5044  of  the  code  and  section  3016  of  the  sup- 
plement to  the  code  be  and  they  are  hereby  repealed. 

In  effect. 

Sec.  21.  This  act  being  deemed  of  immediate  importance  shall  take 
effect  and  be  in  force  from  and  after  its  publication  in  the  Register  and 
Leader  and  the  Des  Moines  Capital,  newspapers  published  in  the  city 
of  Des  Moines,  Iowa.  (Laws,  35th  G.  A.) 


